Legal Question in Wills and Trusts in Massachusetts
Undisclosed Will
I would like to know how I can go about viewing a Will of my late husband in which his family has hid from me and his children. I did not know that he had a Will but now have been informed that there in fact was one. He passed away in June 1996. We lived in Ma now I live in Florida. Because we live on social security I cannot afford an attorney.
3 Answers from Attorneys
Re: Undisclosed Will
If the will has been probated, it is open to the public and you can just go look at it at the courthouse. Since you are now in another state, try contacting the courthouse and see whether they will make a copy for you for a fee.
If it has not been probated, things will depend on whether there was a probate administration at all, whether you were notified, etc., at least according to Florida law. Maine law might be different, of course. Either way, start by contacting the local courthouse where your husband was domiciled at the time of his death and go from there. Good luck to you.
Re: Undisclosed Will
If your husband had an attorney in Maine perhaps he has a copy.
Re: Undisclosed Will
Under MA law, if the will was probated in MA then it is a matter of public record. You can write to the Probate Court for the County where your husband last lived and give his name and date of death and ask if an estate was ever probated for him. You should ask them to send you a copy of the Will and any probate accounts, which will list the assets probated for him.
If your husband had an attorney, he may have a copy of the Will.
As to free legal assistance if you look at the Massachusetts government site, you should find a list of legal services provided for free by variuos groups and agencies. You could contact them for assistance.
I have a more fundamental question, do you think your husband had more assets than you were aware of when he died? Wills only tell an Executor who gets what and usually do not detail any assets other than specific bequests. If you are looking for assets then you want to see the accounts filed when your husband's estate was probated.
If your husband had a Trust none of that information will be in the probate records, because Trusts are not probated.
I hope this was helpful to you.